The Westlands Water District held its board of directors meeting on Tuesday, December 21, 2021 at its Fresno headquarters. At the scheduled 1:00pm on the dot start time Chairman Ryan Ferguson opened the meeting with a litany of announcements required by the government. When and how the public can comment, the latest mask situation – everyone in the room had one on. I have it on good authority from a medical doctor that masks will protect the average adult from the Sino Virus with the same degree of efficacy as a chain link fence will protect that same person from mosquitos. But I wore mine like a good trooper and fiddled with it constantly.
The Meeting
The agenda was approved, as was the minutes. The first item was the General Manager’s report. GM Tom Birmingham doesn’t actually give all the report. He delegates parts to staff. The first portion of the meeting was reported by Deputy GM Russ Freeman. He gave the board an update on the water supply. Initial allocations for south of the Delta ag was zero, but that was before the recent storms. We’ll see what happens next with this glorious rain.
Tom Boardman also reported on water saying Lake Shasta levels are creeping up but are still two million acre feet below any flood release concerns. If things go on the way they are Shasta could fill by May and that would give the US Bureau of Reclamation extra wiggle room on operations. Boardman said the snowpack on the Trinity River watershed is looking good. The watershed above Folsom Reservoir is also looking very good. Folsom may have to make flood control releases in mid-January. He said flows entering the Delta from the runoff on the Valley floor, not reservoir releases, has allowed the federal Jones pumping plant to run full capacity briefly. A turbidity situation and reverse flow condition has cut back the pumps to only one. The Bureau is expected to increase the number of pumps to two perhaps later this week and that could stay through the end of the year. The turbidity and reverse flow could hamper increased pumping for two weeks.
If the San Joaquin River flows increase a good deal there will be a constrained pumping level into January. The federal share of storage at San Luis is 89,000 a/f and the early projection of 300,000 a/f could be bumped up. If the Bureau stays on the 90-percent exceedance there could well be a call on Friant by the Bureau to send water to the Exchange Contractors. Nor would this be good for Westlands supplies. Boardman said the two weeks of reduced pumping is a loss of 90,000 a/f of CVP water. However, the balance at San Luis Reservoir shows DWR owes the CVP 70,000 a/f if I understood, so that helps.
Shelly Cartwright gave the legislative report saying she doesn’t see anyway the green “infrastructure” bill will pass the senate. On the state side the legislative analysis said there will be a $30 billion budget surplus. They are now looking to toss a few billion towards water infrastructure, good – let’s go Newsom.
Elizabeth Jonasson, Westlands’ new, inhouse public affairs representative spoke. I guess now Cartwright has some help. That’s good, she was working too hard what with keeping tabs on the feds while responding always graciously to guys writing about water. Jonasson gave a report saying social media is picking up and a press release went out about WWD giving 130 families in Huron food for their Christmas dinner. Double good for them. She also said WWD is going to increase its outreach this coming year. All of us at WaterWrights wish Mrs. Jonasson the best of success.
Other Reports
Director William Bourdeau said the California Water Alliance will be meeting soon to layout its goals and plans for the coming year. Freeman reported the San Luis Delta Mendota Water Authority held a workshop recently. Ferguson reported on the recent ACWA meeting. COO Jose Gutierrez reported the State/Federal water contractors has a meeting coming up.
Under litigation attorney Jon Ruben said the new WWD water contract conversion went to court. He said two orders were issued. Let’s see if I get this correct: the court ruled the contracts valid but the way they were adopted has problems. WWD is appealing.
Director Frank Coelho reported the metering program is going forward and that was all he had to say about the O&M report.
Bourdeau reported the personnel committee met with union representatives of employees and there was nothing to report from that meeting.
Director Todd Neves reported the water policy committee is recommending the board approve spending $1.5 million on the cost share element of the Expanded Irrigation System Improvement Program (EISIP) using Public Purpose Program (P3) Funds. Engineer Kitty Campbell reported on some the criteria required for a grower to be eligible. The board approved.
SGMA
A report on WWD’s Sustainable Groundwater Management Act compliance was next. Campbell also gave this report saying there was a December 7th meeting about the rules and regs and more info from that meeting’s results next month. Staff is bowing up for the 2021 report to send to DWR by this coming April. It’s the annual report.
Director Kevin Assemi asked about the data collection software. Gutierrez said they have a preferred vendor but the contract has yet to be signed. It includes both hardware and software and towers. Assemi said his ranch uses Star Link and he would like staff to consider other options. He found the Star Link service “revolutionary.” Staff will take a look and see if there are savings available. Grower Will Gleason asked if some of the data will be available to growers and the answer is yes, yes some of it will be available.
Finance Committee
CFO Bobbie Ormonde gave the Finance and Administration Committee recommendation the board transfer some budget funds to buy new rollup doors at the Five Points shop. That is a $15,000 value. The board agreed. The board also agreed to pay the district’s bills. Ormonde gave the board an investment report.
Another Item
The last item in open session was a consideration by the board to authorize Ferguson to execute a second amendment with the intent to extend the GM’s Employment Agreement term. Birmingham’s latest contract was from 2015 to 2020. That was extended another year in 2020 until November 2021. Got that? This amendment will extend the contract to 2024. Ferguson asked Ormonde to give a few highlights. She said the proposed extension doesn’t alter any other parts of the agreement; it just extends it. In addition to a pretty healthy salary Birmingham will get a company car and his bar fees paid by the district and some other perks already in his current contract.
Director Ceil Howe III wants an annual performance review tied to it and that sounded reasonable to folks. Director Jim Anderson asked what’s happening to make some plans for when Birmingham eventually retires. Birmingham said his preference is not to retire just yet but he advised when the time comes to initiate a national search. He expects that will take a few months to announced and some months to review applicants. He said there are most likely a couple of folks already in the district employ who could become the next GM and they would be able to carry out the duties. But Birmingham said he believes they would support the board in that national search. Everyone agreed it could easily take a year to complete this.
Bourdeau said he’s had a lot of constituents ask about more in person meetings with management and would agree with a performance review of objectives be included. Assemi agreed. Director Daniel Errotabere asked if the contract extension doesn’t include the
measurable objectives already. Howe said he’d like to know what they are before agreeing to the item. Ruben said there is an annual GM performance review. Birmingham said he’d welcome more review to help him in carrying out the board’s direction and will. He said the evaluations are typically formal and he welcomes more inclusions. Howe asked if the annual review is open or confidential. Ruben said the documents are confidential. Birmingham said he’s been to meetings where the GM only received one or two evaluations from the board. He said he wants all the directors to please complete the evaluation.
Neves said he has the real question, “. . . is Birmingham still in the game? Can he cut it for the next three years? I believe yes, he’s respected and he is in the game.” Neves said it might be time to reconsider what’s next in 2023. Assemi said he wants more resources available for both Birmingham and the board to know and work toward achieving the priorities and goals. He said he doesn’t want to place staff or management in a position to be seconded guessed and caught short.
Grower Justin Diener spoke saying there is an election coming up next year and several acres have changed hands. He cautioned against tying the hands of a future board by extending the GM contract. Sarah Woolf said she was on the WWD board in 2015 and there was the same discussion. She said in 2020 there was the same discussion then. She said if you’re going to have a review, have one. If you’re going to have a replacement strategy do it. Grower Tom Coleman spoke saying he farms in six districts including WWD. He said at the other districts the GM treats him as a client. He said Birmingham treats growers as adversaries. Grower Rebecca Kaser said she doesn’t want to see a new board in a new era of water tied by this board’s action. Grower Farid Assemi said he believes Birmingham to be a capable lawyer. But he asked why Westlands doesn’t have storage
investments and only relies on the Delta. He said Westlands has more lawsuits than other districts. He asked why. He said Westlands has the fewest friends and more enemies than any other district in the Valley. He asked why. He said the new board needs the ability to choose its own manager and whether or not it is Birmingham they should have the ability to do so. The vote to extend Birmingham’s contract was put to voice vote and only Bourdeau voted no, so it passed.
Closed Session
The meeting went to closed session at 2:35pm. Since then I’ve seen one news story about Birmingham’s contract repeated in three local publications. A quick Google search will pull it up. You judge if it was balanced reporting, just like you can judge if this is balanced reporting – and to be clear, this closing comment is completely editorial opinion – sincere but hopefully not painfully so. I don’t live in Westlands or have any business interests in Westlands.
But please, remember a few things as you process this news. Westlands is perpetually held up in the press as the poster boy for greedy corporate ag, big ag, industrial farming. Westlands gets maligned by those who don’t want ag in the Valley. As I’ve written in other articles there are those who prefer to have fountains in Las Vegas shoot Colorado River Water a hundred feet into the searing dessert air than export a single almond grown in Westlands.
Birmingham isn’t a warm and fuzzy guy most of the time but that’s not always a trait that comes with an analytical mind that can operate in the world of California water management. But he has been the GM of the largest water district in the nation for 20 plus years. Has he done a good job? There were very knowledgeable, experienced and successful people speaking out at this meeting both pro and con on that topic. I’ve known Woolf, Coleman and Assemi for decades and have never seen any of them act vindictively even once, even when poked and prodded unjustly. They have a right to speak out and did so. Unlike the media and many of the government agencies overseeing water in this state, the Westlands board is elected and accountable to its constituents. The board had a right to vote and did so.
I don’t support EVERYTHING Birmingham and the Westlands board does. In general my sympathies are biased against the government. So, don’t confuse my writing here as support either way for extending Birmingham’s contract or not. My greater concern is despite the facts that a decision was reached publicly, with input from all parties and sides, those folks opposed to growing crops and livestock in the Central Valley will use this item as another stone in their sling to hurl at ag.
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Westlands Water District
3130 N. Fresno Street, Fresno CA 93703 Phone:559/224-1523
Board: Ryan Ferguson -President, Frank Coelho Jr. – Vice President, Jim Anderson, William Bourdeau, Kevin Assemi, Ceil Howe III, Daniel Errotabere, Stan Nunn & Todd Neves.
Staff: Tom Birmingham-General Manager, Jon Rubin-Attorney, Jose Gutierrez-COO, Russ Freeman-Deputy GM Resources, , Shelly Cartwright-Associate GM Water Policy/ Public Affairs Representative, Kitty Campbell-Supervisor of Resources, Bobbie Ormonde-VP of Finance & Administrative Affairs
About: Without irrigation, farming in the Westlands area of California would be limited and ineffectual. The history of Westlands is one of continual adaptation, careful water stewardship and advanced technology. By maintaining a fierce commitment to sustainability, the Westlands’ comprehensive water supply system continues to adapt, educate, and surpass conservation goals. Throughout its history, Westlands Water District has demonstrated a lasting dedication to water conservation and recognized that the long-term survival of its farms depends on the effective management of California’s precious water resources. From www.wwd.ca.gov
